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Antitrust Institute 2015: Developments & Hot Topics


Speaker(s): Adam C. Hemlock, Daniel G. Swanson, Eugene A. Spector, Harvey M. Applebaum, Holly A. House, Jennifer B. Patterson, Kellie Lerner, Michael Lawrence, Molly S. Boast, Patricia A. Conners, Rachel C. Brandenburger, Robert P. Taylor, Saul P. Morgenstern, Sonia K. Pfaffenroth, Theodore L. Banks, William H. Efron, Yvonne S. Quinn
Recorded on: May. 7, 2015
PLI Program #: 59239

Daniel G. Swanson is a partner in Gibson, Dunn & Crutcher LLP, with offices in Los Angeles and Brussels. Mr. Swanson has been a trial and appellate litigator for over 30 years, and has Co-Chaired Gibson Dunn’s highly-regarded Antitrust and Competition Practice Group since 1996. His practice focuses on U.S., EU and international antitrust and competition law, including trial and appellate litigation, class actions, criminal investigations and cartel defense, merger review and government civil investigations, regulatory and competition policy matters, and antitrust counseling.

Mr. Swanson is a member of the California and Brussels Bars and is a solicitor of England and Wales and of the Republic of Ireland. He graduated magna cum laude from Harvard Law School in 1984 and holds a Ph.D. in economics from Harvard University, where he was a Harvard Teaching Fellow. He is admitted to practice before the United States Supreme Court, the Federal Circuit and the Second, Third, Fourth, Fifth, Sixth, Ninth and Tenth Circuits. He is also qualified to appear before the Courts of  the European Union.

Chambers USA reports that “Daniel Swanson has a vast amount of antitrust expertise covering everything from merger investigations to civil and criminal litigation” and describes him as “a highly adept trial lawyer” and as “a ‘tough opponent’ in civil and criminal litigation, alleged cartel matters and IP-related issues.” WHO’S WHO LEGAL comments that “Daniel Swanson … scores very highly for his ‘tenacious and persuasive’ litigation practice across a wide range of competition matters.” THE U.S. LEGAL 500 places him in a small group of Leading Lawyers for Antitrust—Civil Litigation/Class Actions. The Institutional Investor’s BENCHMARK LITIGATION GUIDE ranks Mr. Swanson as an Antitrust “Litigation Star,” and he has twice been named Best Lawyers’ Antitrust Law “Lawyer of the Year” for Los Angeles, most recently in 2016.

Mr. Swanson’s practice has encompassed virtually every aspect of antitrust and competition law. He counsels clients on mergers, acquisitions and joint ventures, and handles merger-clearance matters before the FTC, DOJ, and European Commission, and merger-related civil litigation. He has litigated claims of alleged price fixing, monopolization and market dominance, predation, leveraging, bundling, standard setting, tying, exclusive dealing, group boycotts, refusals to deal, and price discrimination, among others, and has handled scores of class action lawsuits (e.g., In re Electronic Books Antitrust Litigation, In re Air Cargo Shipping Services Antitrust Litigation, In re Rubber Chemicals Antitrust Litigation, In re Monochloroacetic Acid Antitrust Litigation, In re Fresh and Process Potatoes Antitrust Litigation, In re Hydrogen Peroxide Antitrust Litigation, In re Polyurethane Foam Antitrust Litigation; In re Automotive Refinishing Paint Litigation, In re Airline Ticket Commission Antitrust Litigation).

Mr. Swanson often handles antitrust and competition matters involving patents, copyrights and other intellectual property rights and was asked to testify about standard setting in the 2002 DOJ-FTC Joint Hearings regarding Competition and Intellectual Property Law and Policy. He is the author (with Prof. William J. Baumol) of Reasonable and Nondiscriminatory (RAND) Royalties, Standards Selection, and Control of Market Power, 73 ANTITRUST L.J. 1 (2005) and The New Economy and Ubiquitous Competitive Price Discrimination: Identifying Defensible Criteria of Market Power, 70 ANTITRUST L.J. 661 (2003), on which the U.S. Supreme Court relied in Illinois Tool Works v. Independent Ink, 547 U.S. 28 (2006). Mr. Swanson has also served as a Non- Governmental Advisor (NGA) to the ICN Unilateral Conduct Working Group in its work focused on monopolization and dominance law.

Mr. Swanson also frequently represents clients in connection with antitrust grand jury investigations, plea negotiations, and amnesty, leniency and immunity applications in the United States and the European Union, Canada, Japan, Australia, and Latin America, including more than twenty international cartel investigations during the last 15 years. Mr. Swanson has served as an NGA to the Cartels Working Group of the International Competition Network (ICN) and has participated in Annual ICN Meetings in Cape Town, South Africa and Sydney, Australia.

Mr. Swanson is Vice Chair of the Antitrust Committee of the International Bar Association, and served on the Editorial Board of the IBA’s publication COMPETITION LAW INTERNATIONAL from 2007-2012. He previously served as Co-Chair of the ABA Antitrust Section’s International Committee (2002-06) and as Editor-in-Chief of the Antitrust Section’s FIRST SUPPLEMENT TO COMPETITION LAWS OUTSIDE  THE  UNITED STATES (2005). He is also a member of the Competition Section of the Law Society of England and Wales. He has contributed to leading antitrust journals and treatises (including ANTITRUST AND TRADE REGULATION, ANTITRUST LAW DEVELOPMENTS, COMPETITION LAWS OUTSIDE THE UNITED STATES, THE  ANTITRUST ADVISER, and the ANTITRUST LAW JOURNAL) and is a member of the Board of Editors of the LexisNexis ANTITRUST REPORT. He is also a member of the American Economic Association.


Harvey Applebaum is a senior counsel in Covington & Burling's Antitrust and International Trade Practices. His antitrust and consumer protection practice includes Department of Justice and FTC investigations and litigation, both civil and criminal; private antitrust litigation; and a diverse counseling practice, including distribution, price discrimination, competitor arrangements, mergers and joint ventures, intellectual property, and trade associations.

Mr. Applebaum's international trade practice involves International Trade Commission, Commerce Department and U.S. Trade Representative proceedings under the antidumping and countervailing duty laws, Section 201 of the Trade Act and other trade laws, and WTO and NAFTA dispute matters. He also has an active practice in customs law matters, including classification, valuation, foreign origin, compliance reviews, NAFTA, and penalty proceedings. He has been regularly involved in trade law and customs law judicial appeals.

Mr. Applebaum is a former Chairman of the American Bar Association Antitrust Law Section, was the first Chairman of the Editorial Board of ABA Antitrust Law Developments, was Chairman of the Section's Robinson-Patman Act Committee, and has been a member of several Antitrust Section task forces. He is currently a member of the Section's International Antitrust Task Force.

Mr. Applebaum is a lecturer in antitrust law at the University of Virginia Law School. He has written numerous articles on antitrust law and international trade law subjects. He has participated regularly in continuing legal education seminars and programs and has regularly chaired programs on antitrust and trade law topics. For example, he speaks regularly on the Robinson-Patman Act at the PLI Annual Antitrust Institute in New York.

News and Insights

"Best Lawyers Names Covington’s Stuart Eizenstat and Gregg Levy Lawyers of the Year," August 18, 2014

"Covington Receives 196 Individual Mentions in 2013 Edition of Best Lawyers," August 27, 2012

"Covington’s Voorhees Named Chair-Elect of ABA Antitrust Section," September 16, 2011

"Covington Receives 184 Individual Mentions in 2012 Edition of Best Lawyers," September 7, 2011

"Covington Receives 138 Individual Mentions in 2011 Edition of Best Lawyers," August 6, 2010

"Covington Receives 131 Individual Mentions in 2010 Edition of Best Lawyers," August 7, 2009

"Covington Receives 115 Individual Mentions in 2008 Edition of Best Lawyers," September 6, 2007

"Antitrust Implications of Settlements of Antidumping Cases," 2007, International Trade Update, Georgetown Law Center

"May the Seller Restrict What the Buyer Buys and Resells?," 2004, Legal Aspects of Selling and Buying (Tying Arrangements and Exclusive Dealing), Chapter 4 (Third Edition) and regular cumulative supplements

"Robinson-Patman Act," 1972-2007, PLI Annual Antitrust Institute

"The Interface of the Trade Laws and the Antitrust Laws," March 1, 1998, George Mason Law Review

"Antitrust Law: Ninth Circuit Upholds Kodak's Liability for Monopolizing the "Aftermarket" for Servicing of its Equipment but Vacates Some Damages and Modifies Injunction," September 29, 1997, National Law Journal

"Antitrust Law: Sherman Act Can Apply to Criminal Antitrust Actions Taken Entirely Outside the Country, if These Actions Have Foreseeable, Substantial Effect on

U.S. Commerce," April 21, 1997, National Law Journal

"Robinson-Patman Act," 1980-2001, Seminar on Distribution, Law Journal Seminars

Accolades

The Best Lawyers in America, Antitrust, Commercial Litigation, and International Trade and Finance (2006-2015)

International Who’s Who of Trade and Customs Lawyers (2008-2010)

International Who's Who of Business Lawyers, Trade & Customs (2005-2008)

Chamber's Global, International Trade (2007)

Euromoney's Expert Guide to the World's Leading Lawyers, Competition and Antitrust (2000-2006)

Practices

Regulatory and Public Policy

Antitrust/Competition

Antitrust Litigation Cartel Defense and Investigations

Litigation and Investigations

Patent Litigation

Education

Harvard Law School, J.D., 1962
- magna cum laude Harvard Law Review, member
- Harvard University Sheldon Traveling Fellowship

Yale University, B.A., 1959
- summa cum laude


Molly Boast is a partner in the Litigation/Controversy and Regulatory and Government Affairs Departments, and a member of the Antitrust and Competition and Government and Regulatory Litigation Practice Groups. She joined the firm in 2011, after serving as Deputy Assistant Attorney General for the Antitrust Division of the US Department of Justice.

Practice

Molly Boast joined the firm as a litigator in 2011, after serving as Deputy Assistant Attorney General for the Antitrust Division of the US Department of Justice. She has more than 30 years of experience in both senior federal government positions and private practice.

In her position as Deputy Assistant Attorney General, Ms. Boast was responsible for all civil enforcement investigations, including NBC/Comcast and Oracle/Sun Microsystems, and obtained the Division’s first judicial decision recognizing its authority to seek disgorgement.

Prior to joining the DOJ, Ms. Boast was a partner at Debevoise & Plimpton LLP where she chaired the antitrust practice group. Her practice focused on litigation, white-collar investigations, antitrust counseling and merger review.

From 1999-2001, Ms. Boast served as Deputy Director and then Director of the Bureau of Competition at the Federal Trade Commission. There, she oversaw several competition investigations and enforcement actions during the “merger wave” of the 1990s. Prominent mergers include Exxon-Mobil, BP-Arco, Glaxo-SmithKline, Dow-Union Carbide, and AOL-Time Warner.

From 1988-1999 Ms. Boast was a partner at LeBoeuf, Lamb, Greene & MacRae in New York City, where she chaired the litigation department. Most notably, she argued before the US Supreme Court in Hartford Fire v. State of California in 1993. In 1992, Ms. Boast was appointed Special Assistant United States Attorney General for the Independent Counsel Investigation of Banca Nazionale del Lavoro at the US Department of Justice.

Ms. Boast has spoken at dozens of programs on the topics of antitrust, litigation and women in the law. She is also the author of numerous papers and publications.

Professional Activities

Ms. Boast is admitted to practice in the US District Courts for the Southern and Eastern Districts of New York and the US Courts of Appeals for the First, Second Third, Ninth and Tenth Circuits.

Ms. Boast is a past chair of the Federal Courts Committee of the Association of the Bar of the City of New York. She has previously held positions on the governing bodies of the Antitrust Law and Section of Litigation, and the New York State Bar Association's Antitrust Section. Ms. Boast is the first woman to have chaired the federal courts committees of both the Federal Bar Council and the New York City Bar Association.

Honors & Awards

  • Received the 2013 William T. Lifland Service Award from the NYSBA Antitrust Law Section for distinguished service
  • Recognized by Chambers USA in 2007 and 2009 for her work in the antitrust field
  • Selected for inclusion in the 2007 edition of Legal 500
  • Recognized as a leader in the antitrust field in The Global Competition Review Handbook
  • Highly-recommended in the field of antitrust law in the 2006 edition of PLC Which Lawyer?
  • Recognized in New York Super Lawyers - Metro from 2006-2008 and in 2012 for her work in the antitrust field

Practice Area

  • Litigation/Controversy
    • Government and Regulatory Litigation
  • Regulatory and Government Affairs
    • Antitrust and Competition

Education

JD, Columbia University Law School, 1979, Harlan Fiske Stone Scholar, Jane Marks Murphy Prize

MS, Journalism, Columbia University, 1971

BA, with honors, College of William and Mary, 1970

Bar Admissions

New York

United States Supreme Court


Theodore L. Banks (Ted) is a partner in the firm of Scharf Banks Marmor LLC in Chicago, where his practice concentrates on general corporate and antitrust matters.  He is also President of Compliance & Competition Consultants, LLC, a firm devoted to assisting corporations in development of effective and efficient programs in the areas of corporate compliance, product distribution, internal investigations, and records management.  Formerly, he served as Chief Counsel & Senior Director, Global Compliance Policy, at Kraft Foods in Northfield, Illinois.  During his career at Kraft, his responsibilities also included supervision of complex litigation, negotiation of major corporate transactions, global records management, antitrust, and supervision of computer applications used in the Corporate and Legal Affairs Department.  He is also an Adjunct Professor of Law at Loyola University (Chicago) School of Law, where he teaches corporate compliance.

Throughout his career, Ted directed many substantial corporate transactions and dozens of litigated cases, in antitrust and in other areas.  He supervised the $19 billion acquisition of Nabisco by Kraft, and the $8.7 billion IPO of Kraft Foods Inc.   He currently serves as a compliance monitor on behalf of the Federal Trade Commission and the Competition Bureau of Canada to ensure that respondent companies comply with orders issued by those agencies.

Ted has written numerous articles on antitrust, compliance, and legal automation topics. He co-edited the Corporate Legal Compliance Handbook, published by Aspen/Wolters-Kluwer, and his multi-volume treatise, Distribution Law: Antitrust Principles and Practice, also published by Aspen/Wolters-Kluwer, is now in its second edition.  He is a frequent speaker at professional education programs, where he strives not to bore the attendees too much.


Adam Hemlock is a partner in Weil’s Antitrust Practice Group and a member of the Firm’s Management Committee. He regularly represents clients in civil and criminal antitrust investigations and litigations, as well as commercial litigations and disputes. Adam is currently recognized in a variety of legal and business publications for his work in civil and criminal antitrust matters, including as a leading lawyer in New York by Chambers USA, as a recommended lawyer nationwide by Legal 500, and as a “Future Star” in New York by Benchmark Litigation.

Adam regularly represents clients in criminal antitrust investigations by the Department of Justice, and has served as lead coordinating counsel for clients under investigation in multiple jurisdictions, including the European Union, Japan, Canada, Mexico, Korea, Taiwan, Singapore and Brazil. Adam routinely defends clients in cartel class action lawsuits across the United States. In addition to cartel litigation, Adam has litigated a variety of private antitrust litigation cases, including disputes regarding exclusivity, bundling/tying, and joint ventures. Adam has substantial experience in the antitrust/intellectual property area, where he has litigated cases and counseled clients on the antitrust legality of patent pools, standard setting bodies, and technology transactions among competitors. He also represents clients in merger counseling and notifications under the Hart-Scott-Rodino (HSR) Act. In addition to his work in the antitrust area, Adam has represented clients in various commercial dispute matters, including complex commercial litigation and alternative dispute resolution procedures. He has particular experience representing foreign clients in U.S. legal proceedings.

Adam has worked on behalf of many major domestic and foreign clients, including Panasonic, Victor Company of Japan (JVC), Bridgestone, Taiyo Yuden, Sumitomo Heavy Industries, Calsonic Kansei, Copyright Clearance Center, Toray Industries, Kyowa Hakko Kogyo, Polyplastics, Vantec, American Airlines, Telecom Italia, Medpointe, Houghton Mifflin Riverdeep, Global Foundries, Mitsubishi Heavy Industries, Taiwan Semiconductor (TSMC), Texas Instruments, Perricone, Reuters, Denak, Iridian, DirecTV, Hughes Aircraft, Sumitomo Chemical, Sony Pictures Entertainment, and others.

Adam is currently the Vice-Chair of the Cartel and Criminal Practice Committee of the ABA Antitrust Section, and previously served as Vice-Chair of the Intellectual Property Committee. He is a member of the executive committee of the New York State Bar Association Antitrust Section. He is a member of the Board of Directors of Practicing Attorneys for Law Students Program, Inc., a member of the New York City Bar Association Committee on Minorities in the Profession, and a leader of Latinos@Weil, the Firm’s Hispanic affinity group. He heads the Firm’s Asylum Practice Team and routinely represents asylum applicants in administrative proceedings before the Department of Homeland Security and in federal courts.

Adam is an adjunct professor at Columbia Law School, where he teaches a class on international cartels. He has lectured at Fordham Law School, Benjamin N. Cardozo School of Law, Practicing Law Institute, the Japan Business Federation (Keidanren) and other venues. Adam previously served as a legal intern at the Federal Trade Commission, where he worked on several antitrust and consumer protection investigations. Adam also worked for Panasonic Corporation in Japan as legal counsel for two years, where he advised the company on a variety of dispute, regulatory, and transactional matters. He is a contributing author to Antitrust Adviser and the ABA’s Antitrust Law Developments, and has appeared on Japanese national television on the subject of e-discovery and litigation practice.

Key Representations

  • Represented Bridgestone in a criminal antitrust investigation and follow-on class action litigation.
  • Representing Calsonic Kansei, a major Japanese auto parts manufacturer, in a civil class action litigation alleging price fixing with respect to automobile radiators.
  • Represented Panasonic Corporation in $9 billion acquisition of Sanyo Electric Co., Ltd.
  • Representing Taiyo Yuden, a manufacturer of capacitors, in class action litigation alleging price fixing.
  • Representing Ericsson in class action alleging antitrust claims related to SMS texting services.
  • Representing a major provider of medical equipment rental services on antitrust issues related to exclusivity, bundling and tying.
  • Represented Polyplastics, a major Asian manufacturer of engineering plastic, in a major litigation involving claims of contract breach, unfair competition, and misappropriation of trade secrets.
  • Representing Copyright Clearance Center, the top licensor of copyrights for academic and other journals and periodicals, on antitrust issues.
  • Represented Telecom Italia in antitrust litigation relating to standard setting for wireless telephony.
  • Represented MedPointe Pharmaceuticals, a major manufacturer of cold/cough medicine, in antitrust litigation involving claims of illegal exclusive agreements – prevailed on summary judgment.
  • Representing a major provider of credit ratings and benchmark data in connection with government antitrust investigation.
  • Representing a major manufacturer of semiconductors with respect to antitrust issues in licensing, joint ventures and collaborations.
  • Advising a major beer brewery on antitrust issues relating to procurement of raw materials.
  • Advising the American Association of Publishers on antitrust issues related to trade association and other activities.
  • Represented a manufacturer of nuclear power plants in formation of joint venture.
  • Representing a consortium of major consumer electronics companies on antitrust, IP and other issues in connection with establishment of standard setting body.
  • Advising a licensor of drug technology related to HIV treatment on antitrust issues.
  • Advising top consumer electronics companies on antitrust issues related to DVD and Blu-Ray licensing.
  • Advising a top investment management firm on antitrust and other issues.


Eugene Spector, founding partner of Spector Roseman Kodroff & Willis, P.C., is nationally recognized for his work on behalf of class action plaintiffs.

He has handled many high profile cases, including such antitrust class actions as In re Linerboard Antitrust Litigation, MDL No. 1261 (E.D. Pa.), in which he was co-lead counsel and which settled for more than $200 million, the largest antitrust case settlement ever in the Eastern District of Pennsylvania, where Judge Dubois stated: "The Court has repeatedly stated that the lawyering in this case at every stage was superb ..." 2004 WL 1221350, *6 (E.D. Pa. June 2, 2004). Mr. Spector was also co-lead counsel in In re Relafen Antitrust Litigation, No. 01-12239 (D. Mass.), in which a settlement of $75 million was obtained for the class, which Judge Young described as "the result of a great deal of very fine lawyering." Mr. Spector has been involved in securities class action litigation including Rosenthal v. Dean Witter, which resulted in a landmark decision by the Colorado Supreme Court that recognized, for the first time, that securities fraud could be proved without reliance being alleged. This precedent-setting case was important because under state securities law the reliance element sometimes proved difficult, especially when large numbers of people were involved in a class action suit. Mr. Spector is currently serving as co-lead counsel in such antitrust cases as McDonough v. Babies 'R Us, et al (In re Baby Products Antitrust Litigation); In re Automotive Parts Antitrust Litigation; and In re Domestic Drywall Antitrust Litigation.

Before founding Spector Roseman Kodroff & Willis, Mr. Spector was a litigator with Schnader, Harrison, Segal & Lewis. His additional experience includes establishing and heading the securities litigation section of the Philadelphia-based Gross & Sklar, P.C., and serving as a law clerk to Pennsylvania Supreme Court Justices Herbert B. Cohen and Alexander F. Barbieri.

Mr. Spector is a member of the American, Federal, and Philadelphia bar associations, as well as the ABA's Antitrust and Litigation Sections and the Securities Law Sub-Committee of the Litigation Section. He is also a member of the Federal Courts Committee of the Philadelphia Bar Association, the American Association for Justice, and the American Judicature Society. Mr. Spector has also been appointed to membership on the Advisory Board of the American Antitrust Institute and to the Board of Visitors of the Temple University Beasley School of Law.

He earned his undergraduate degree (1965) from Temple University, and his law degree (with honors,1970) from Temple University School of Law, where he served as an editor of The Temple Law Quarterly.

Litigation Percentage:

100% of Practice Devoted to Litigation

Bar Admissions:

Pennsylvania, 1971
U.S. Court of Appeals 3d Circuit, 1973
U.S. Court of Appeals 9th Circuit, 1976
U.S. Court of Appeals 5th Circuit, 1992
U.S. Court of Appeals 1st Circuit, 1994
U.S. Court of Appeals 10th Circuit, 1995
U.S. Court of Appeals 6th Circuit, 2005
U.S. Court of Appeals 11th Circuit, 2008
U.S. District Court Eastern District of Pennsylvania, 1980
U.S. District Court Eastern District of Michigan, 1988
U.S. Supreme Court, 1980

Published Works:

Philadelphia Taxation: The Amenability of Partnerships and Other Unincorporated Associations to Tax 42 Temple L.Q. 165, 1969

Professional Associations and Memberships:

Philadelphia Bar Association, 1972 - Present
 Federal Courts Committee
American Bar Association, 1972 - Present
 Member, Litigation Section
American Bar Association, 1972 - Present
 Member, Antitrust Section
American Bar Association, Litigation Section
 Securities Law Sub-committee


Holly House is an Antitrust and Competition partner in the Litigation Department of Paul Hastings. Her practice focuses on antitrust and trade regulation matters as well as complex commercial disputes. Ms. House has successfully represented premier clients as both plaintiffs and defendants in myriad types of commercial, intellectual property and class action disputes, including at several notable trials.

Ms. House is the past chair of the California State Bar’s Antitrust and Unfair Competition Law Section. For the past five years, she has been selected one of the "Top 250 Women in Litigation" nationwide, one of the top 50 women lawyers in Northern California, and a national and local "Litigation Star." She also has been honored as one of the "Top 100 California Women Lawyers” by the Daily Journal every year since 2010, one of the Best Lawyers in America since 2005, and a Northern California “Super Lawyer” since this peer award was first offered. Ms. House has also repeatedly been named one of the top antitrust lawyers in the United States by Chambers USA, where sources single her out as “a reliable and responsive, business-savvy practitioner” and "a long-standing, diligent antitrust attorney -- she commands great respect."

Accolades and Recognitions

  • Benchmark Litigation, Top 250 Women in Litigation (2013–2016)
  • Benchmark Litigation, Local Litigation Star, California (2013–2016)
  • Benchmark Litigation, National Litigation Star (2017)
  • Top (100) Women Lawyers/Top 75 Women Litigators, Daily Journal (2010–2015)
  • Top 50 Women Lawyers, Northern California, Super Lawyers (2011, 2012, 2015, 2016)
  • Best Lawyers in America, leading lawyer in Litigation - Antitrust Law (2005–2016)
  • Chambers USA, leading lawyer in Antitrust (California) (2004, 2007, 2009–2016)
  • Global Competition Review: Who's Who Legal: Leading Practitioner Competition (2016)
  • Super Lawyers, Northern California (2004–2015)
  • Oracle v. SAP — Top Plaintiff Verdict, Daily Journal (2011)
  • Super Lawyers Corporate Counsel Edition, Top Attorney in Corporate Litigation (Antitrust) (2009)
  • PLC Cross-Border Competition and Leniency Handbook, prominent practitioner in the antitrust field (2007–2009)

Professional and Community Involvement

  • Bar  Association of San Francisco, Chair – Complex Litigation Executive Committee (2016–2017); Vice-Chair (2015–2016); Secretary (2014–2015)
  • San Francisco Intellectual Property Law Association – Board Director (2015–2016)
  • Adviser, State Bar of California’s Antitrust and Unfair Competition Section (2005–present)
  • Chair of Executive Committee, State Bar of California’s Antitrust and Unfair Competition Section (2004–2005)
  • First vice chair, vice chair (Golden State Institute), secretary-treasurer and editor of Competition, Executive Committee, State Bar of California’s Antitrust and Unfair Competition Section (past)
  • ABA Antitrust Section


Jennifer B. Patterson litigates complex commercial disputes with a focus on antitrust litigation and counseling. She has handled a wide range of litigations from inception through trial and appeals. She has defended major US and foreign corporations in private antitrust lawsuits and class actions and in related investigations and enforcement proceedings by the Department of Justice, state attorneys general, and foreign competition agencies. She has handled internal investigations concerning potential antitrust violations and other illegal activity. Jennifer has advised companies with respect to the antitrust implications of mergers and acquisitions, including conducting worldwide analyses of premerger notification requirements and acting as coordinating counsel for all necessary filings. She also advises on distribution and pricing programs and other aspects of competitor and customer relations. Jennifer has counseled and represented clients in such industries as rail freight transportation, auto parts, pharmaceuticals, biometric identification, poultry breeding, food additives, pesticides, publishing, aircraft parts, optical film and flat glass manufacturing.

Jennifer speaks and writes in both Europe and the US on antitrust and cross border litigation issues. She is Co-Chair of the International Chamber of Commerce Competition Commission Task Force on Due Process, Vice Chair of the United States Council for International Business Competition Committee, and is a nongovenmental adviser to the International Competition Network.

Representative Matters

Litigations

  • Representation of a Japanese automobile parts manufacturer in a major Department of Justice antitrust investigation.
  • In Re Rail Freight Fuel Surcharge Antitrust Litigation (U.S. District Court., D.D.C.). Co-counsel defending a Class 1 railroad in a nationwide class action antitrust lawsuit against major U.S. railroads alleging collusion to fix fuel surcharges on freight shipments.
  • Freeman Industries, LLC v. Eastman Chemical Co., et al, (Law Court for Sullivan County at Kingsport, Tennessee), and related cases. Defended Hoechst GmbH and its German and U.S. affiliates in numerous class actions and State Attorney General actions alleging price-fixing of sorbates, a food preservative. Obtained dismissals or favorable settlements in all cases.
  • Shull v. Novartis Pharmaceuticals Corp. (New Jersey State Court). Defended Novartis in whistle-blower action alleging financial improprieties with respect to valuation of a branded pharmaceutical product.

Internal Investigations

  • Internal investigation of the Japanese affiliate of a U.S. conglomerate to uncover and evaluate potential antitrust violations.
  • Internal investigation of European pharmaceutical company in connection with the UN Oil-for-Food bribery scandal.

Mergers and Acquisitions

  • Wacker AG Acquisition of Air Products Polymers. Coordinated multi-jurisdictional review of and pre-merger notifications on behalf of Wacker AG, and obtained early termination of the HSR waiting period in the U.S.
  • Meggitt PLC Acquisition of K&F Industries, Inc. Advised Meggitt plc in complying with a second request issued in connection with the acquisition of a manufacturer of aircraft wheels and brakes. The DOJ cleared the transaction shortly after issuing the second request.
  • Practice Areas
  • Antitrust
  • Commercial Litigation
  • International
  • Consumer Products

Education

Georgetown University Law Center, JD, cum laude, 1994

Georgetown University, Edmund A. Walsh School of Foreign Service, MSFS, 1994; academic excellence

Vanderbilt University, BA, magna cum laude, 1989

Bar Admission(s)

New York

Connecticut

United States Courts of Appeals forthe Fourth, Seventh and Tenth Circuits

United States District Courts for the Southern, Eastern and Western Districts of New York and the District of Arizona

Membership(s)

ICC Commission on Competition - Co-Chair of Task Force on Due Process; New York City Bar – Antitrust & Trade Regulation Committee; New York State Bar Association - Antitrust Section; American Bar Association - Antitrust Section; Federal Bar Council

Languages Spoken

English

German


Kellie Lerner has over a decade of experience litigating high stakes antitrust disputes on behalf of both plaintiffs and defendants in federal courts throughout the country. She has worked on a number of groundbreaking antitrust cases, including serving as a member of the trial team in In re Abbott Labs Norvir Antitrust Litig. Ms. Lerner currently serves as Co-Lead Counsel in In re Merck Mumps Vaccine Antitrust Class Action and represents the Circuit City Liquidating Trust in In re Capacitors Antitrust Litigation. She also recently represented a publicly traded corporation in Insulate SB Inc. v. Abrasive Products & Equipment et al., where she successfully obtained a complete dismissal of a federal and multi-state antitrust class action filed against her client, which was affirmed by the United States Court of Appeals in the Eighth Circuit. She also counsels generic pharmaceutical, alternative energy and entertainment companies on competition issues.

Ms. Lerner was recently selected by The National Law Journal as an Antitrust and M&A Trailblazer (2016). In recent years, she was also selected by The New York Law Journal as one of 44 competition lawyers under 40 “who have made their mark on the New York legal community” and by Law360 in its “Rising Star” list of five competition lawyers under the age of 40 to watch.  The Legal 500 USA recommended her for the last two consecutive years, praising her “superior intellect, determination and political savvy in getting the job done.”  A frequent author and lecturer, Ms. Lerner is a recognized voice on all issues of antitrust law and her opinions have been quoted in The Washington Post, Bloomberg Businessweek, Yahoo News, and CBS MoneyWatch, among other publications.

Ms. Lerner is also Vice Chair of the American Bar Association Section of Antitrust Law’s Joint Conduct Committee and an Associate Editor of Antitrust magazine.  Ms. Lerner co-founded Roseann’s Gift, an organization named for her late mother and dedicated to raising research funding to cure lung cancer.  The organization is currently funding lung cancer research at Weill Medical College of Cornell University.  She is a member of the Tri-State Area Advisory Board of Jumpstart, which works to provide equal access to literacy education for preschool children in low-income communities.  She is also a member of the Board of Directors for the Jewish Community Project Downtown, an organization that was formed in the wake of the September 11th attacks to revitalize the Jewish community in lower Manhattan.  She currently provides pro bono assistance to KIND (Kids In Need of Defense) and has previously provided assistance to AARP and the Lawyers Committee for Civil Rights Under the Law.


Michael Lawrence is an antitrust lawyer with extensive in-house experience at high-tech companies. He has regularly focused on the intersection of intellectual property and antitrust law. Mr. Lawrence is Senior  Competition Counsel at Google Inc. From 2005 to 2011, he was a competition attorney at Intel Corporation. Before that, he spent most of his legal career at Latham & Watkins where he specialized in intellectual property, antitrust and commercial litigation. Outside of his professional work, Mr. Lawrence taught Intellectual Property as an adjunct professor at Loyola Law School from 2003 to 2005. He also served as Editor-in-Chief of Antitrust and Intellectual Property, a publication of the ABA Section of Antitrust Law, from 2005 to 2007.

Education

J.D., cum laude, Georgetown University Law Center

B.A., summa cum laude, University of California, Los Angeles

University of Sussex, Brighton, England


Patricia Conners is Chief Deputy Attorney General under Florida Attorney General Pam Bondi, overseeing the legal and administrative operations of the 1400-person agency.   Included in that responsibility is oversight of the Antitrust, Consumer Protection, Medicaid Fraud, Lemon Law and Civil Rights Divisions as well as the various units, among others, that defend the state, state agencies, and the constitutionality of statutes. She was the supervising attorney in the state's lawsuit against BP and others resulting from the Deepwater Horizon oil spill disaster as well as the supervising attorney representing Florida in the multistate negotiations with the five major mortgage servicers over various issues arising from the foreclosure crisis.

In addition to her general management responsibilities, Ms. Conners continues to serve as the Director of the Antitrust Division for the Attorney General's Office, where, since 1995, she has been responsible for implementing and overseeing the Attorney General's state and federal antitrust enforcement efforts.

She is board-certified in Antitrust and Trade Regulation by the Florida Bar and is a past chair of the Antitrust and Trade Regulation Certification Committee of the Florida Bar. She is also active in the Antitrust Law section of the ABA, where she has held a variety of leadership positions.

She was Chair of the NAAG Multistate Antitrust Task Force from 2001 to 2005, a position through which she coordinated multistate antitrust enforcement efforts and developed and ensured the implementation of policy related to Task Force initiatives.

Ms. Conners received both her undergraduate and J.D. degrees from the University of Florida.


RACHEL C. BRANDENBURGER
Senior Advisor, New York

Rachel Brandenburger is a Senior Advisor in Hogan Lovells' Antitrust, Competition and Economic Regulation practice. She is recognized as a leading international antitrust and competition law and policy advisor. Rachel is a foreign legal consultant in New York and a qualified solicitor in England and Wales.

Rachel focuses on proceedings before European and other international antitrust agencies. She has appeared before antitrust, competition, and regulatory agencies around the world in matters involving investigations into mergers, anti-competitive practices, monopolization or dominant positions, and cartels.

From 2010 to 2013, Rachel was Special Advisor, International to the Antitrust Division of the U.S. Department of Justice (DOJ). She advised on many Antitrust Division matters that involved extensive cooperation efforts between the Antitrust Division and its international counterparts, including the Deutsche Boerse/NYSE transaction, the merger between United Technologies Corporation and Goodrich Corporation, the eBooks investigation, revised best practices regarding cooperation in merger investigations with the European Commission, and memoranda of understanding with the Chinese and Indian antitrust agencies.

Rachel was also a partner at a leading international firm where she lead many cases involving investigations into mergers, anti-competitive practices, monopolization or dominant positions, and cartels before the European Commission, the UK competition and regulatory agencies, and other antitrust, competition and regulatory agencies around the world.

Rachel is a frequent speaker on international antitrust and competition law and policy issues, and the author or co-author of many papers and publications on these issues. She is also a member of the editorial boards of Competition Policy International's Antitrust Chronicle and the International Bar Association's Competition Law International. Currently, she serves as Non-Governmental Advisor to the International Competition Network.

She is listed as a leading international antitrust and competition law and policy advisor in many guides and directories and named as one of the top 20 such advisors globally.

HOGAN LOVELLS PUBLICATIONS

"Streamlining the Chinese merger control process - further implementing rules issued." Hogan Lovells (21 April 2014)

PRACTICES

Government Regulatory
Antitrust, Competition and Economic Regulation

EDUCATION

B.A., with honors, University of Oxford, St Hilda's College, 1976

AWARDS / RANKINGS

U.S. Department of Justice's Antitrust Division Award of Distinction, 2011

MEMBERSHIPS

  • Non-Governmental Advisor, International Competition Network
  • Member, U.K. Department of Trade and Industry's Panel of Experts on the Modernization of EU Law
  • Member, American Bar Association (ABA), 1996-Present; Member, ABA Section of Antitrust Law's International Task Force, 2005-2009, 2012-Present; non-U.S. Representative on the Council of the Section of Antitrust Law, 2010-2013; Member, Section's Long Range Planning Committee, 2009-2010; Member, Presidential Transition Report Task Force, 2008-2009
  • Member, International Bar Association, 1996-Present; Member, Extraterritorial Jurisdiction Task Force, 2007-2008
  • Member, Competition Group of The Law Society of England and Wales, 1988 - Present; Chair, 2000-2001

BAR ADMISSIONS / QUALIFICATIONS

England and Wales


Saul Morgenstern represents clients across a broad spectrum of industries in complex antitrust and other commercial disputes, class actions and multijurisdictional litigation before US federal and state courts, international arbitral tribunals, and in US government, state and foreign investigations. He also advises US and global companies with respect to the antitrust implications of mergers, acquisitions, joint ventures, trade association activities, distribution and pricing programs and other aspects of competitor and customer relations.

Mr. Morgenstern speaks and writes regularly on antitrust and compliance issues facing US and multi-national businesses, and most recently Co-Chaired the Practising Law Institute's two-day program "Antitrust Law Institute 2016: Developments and Hot Topics" held in New York City on May 4 and 5, 2016.

Experience Antitrust/Competition

  • Generic pharmaceuticals manufacturer in defense of wholesaler (direct purchaser) and third party payor (indirect purchaser) class actions in several federal district courts, in which plaintiffs allege that the company conspired with several other generic drug makers to increase prices of a number of different generic drugs, creams, lotions and ointments. (US District Courts, SDNY, DNJ and EDPa).
  • Pfizer and Warner-Lambert against claims brought by the State of Louisiana that Pfizer and Warner-Lambert delayed the introduction of generic versions of Neurontin® by bringing alleged “sham” litigation to enforce patents, causing the State Medicaid Agency to overpay for branded Neurontin®, allegedly in violation of Louisiana anti-monopoly and other laws. State of Louisiana v. Pfizer Inc. and Warner-Lambert Company, LLC (19th Judicial Dist. Ct., Parish of East Baton Rouge).
  • Penguin Group in actions brought by defunct electronic book resellers claiming to have been forced out of business as a result of an alleged conspiracy among Apple, Inc. and five major publishers to shift the sale of electronic books to an “agency model” distribution methodology. All three cases were dismissed on the defendants’ motions for summary judgment, and two of the plaintiffs – Abbey House Media and Diesel Books LLC, are appealing from those judgments. Abbey House Media, Inc. d/b/a BooksOnBoard v. Apple, Inc.; Diesel Ebooks, LLC v. Apple, Inc.; DNAML PTY, Limited v. Apple, Inc. (US District Court, SDNY).
  • Brand name pharmaceutical manufacturer against third party payor health plans claims that it brought so-called “sham” litigation to enforce patents in an effort to impede generic competition. United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, et al. v. Novartis Pharmaceuticals Corporation, et al. (US District Court, D. Mass.).
  • Penguin Random House LLC in successful defense of a class action complaint brought in the US District Court for the Southern District of New York by retail booksellers, alleging that Amazon.com and major publishers of electronic books conspired to prevent retail booksellers from selling electronic books by agreeing to use digital rights management software proprietary to Amazon, which prevents Kindle owners from purchasing electronic books from sources other than Amazon. On a motion to dismiss, obtained dismissal with prejudice of all claims against defendant publishers. The Bookhouse of Stuyvesant Plaza, et al. v. Amazon.com et al. (US District Court, SDNY).
  • King Pharmaceuticals LLC in several federal and state class actions alleging that manufacturer conspired with a potential generic entrant to delay or block generic entry in violation of Section 1 of the Sherman Act and certain state antitrust, unfair trade practices and related laws. Defeated motions for class certification by plaintiffs seeking to represent classes of Indirect Purchasers for Resale (e.g., pharmacies) and End Payor Indirect Purchasers (e.g., health insurers, pharmacy benefit managers, consumers), successfully resolved remaining "opt-out" plaintiffs cases and currently defending related actions in state court.
  • Major railroad, serving as co-counsel, in several nationwide class action antitrust law suits against major US railroads alleging collusion to fix fuel surcharges on freight shipments in violation of the Sherman Act. In Re Rail Freight Fuel Surcharge Antitrust Litigation (US District Court., DDC).
  • Random House, Inc. in connection with US Department of Justice investigation into the adoption of “agency” as a means of distributing electronic books (which culminated in actions filed in the US District Court for the Southern District of New York by the DOJ against Apple, Inc. and five publishers other than Random House); and defense of Random House in originally-filed consumer class actions (Random House dropped from the cases upon filing of a consolidated class action complaint). In re Electronic Books Antitrust Litigation.
  • Novartis AG with respect to the competition law issues associated with its July 2012 US$1.5 billion acquisition of a competing dermatologics company, Fougera Holdings, Inc., and represented the company before the Federal Trade Commission to obtain clearance for the acquisition. Novartis Acquisition of Fougera Holdings, Inc.
  • Brand name prescription drug manufacturer in obtaining summary judgment on behalf of it and its codefendants, dismissing on the merits an action by California retail pharmacies alleging a conspiracy to fix prices in violation of the Cartwright Act, California’s state antitrust law. Summary judgment was affirmed by the California Court of Appeal and, on November 28, 2012, the California Supreme Court denied plaintiffs’ Petition for Leave to Appeal. On June 3, 2013, the United States Supreme Court denied plaintiffs’ Petition for a Writ of Certiorari. Clayworth, et al. v. Pfizer Inc, et al. (Superior Court of California, Alameda County).
  • Novartis AG in connection with competition and regulatory approval aspects of its February 2010 acquisition of Corthera, Inc., a privately-held biopharmaceutical company engaged in the research and development of Relaxin, for US$120 million, with Corthera's shareholders being eligible for additional payments of up to US$500million contingent upon successful development and commercial milestones, and assisted the company in obtaining early termination of Federal Trade Commission review of the transaction. Novartis Acquisition of Corthera, Inc.
  • Pfizer Inc and its codefendants in obtaining summary judgment, dismissing all damages claims by representative plaintiffs in price discrimination actions brought by several thousand independent pharmacies against a group of major brand name prescription drug manufacturers. Drug Mart Pharmacy Corp., et al. v. American Home Products Corp., et al. (US District Court, EDNY).
  • Together Rx LLC and its founding members, in obtaining voluntary dismissal of horizontal antitrust claims asserted in private third-party payor and Medicare beneficiary class actions as well as all consumer fraud and Medicaid fraud claims against the firm’s client asserted by the same plaintiffs. In re Pharmaceutical Industry Average Wholesale Price Litigation (US District Court, D. Mass).
  • Market maker in multi-district class actions alleging agreements restricting multiple listing of options, in violation of the Sherman Act. In re Stock Options Trading Antitrust Litigation (US District Court, SDNY).
  • Union Oil Company of California and its parent in multi-district class actions in which plaintiffs allege that information-sharing in the oil and petrochemical industries retarded salary growth in violation of the Sherman Act. The plaintiffs’ two motions for class certification were denied in 2003 and 2006. In re Compensation of Managerial, Professional and Technical Employees Antitrust Litigation (US District Court, DNJ).
  • Major publishers of consumer magazines in successfully obtaining a favorable resolution in multi-district class actions, in which plaintiffs claimed that the publishers, along with their trade association, fixed the prices at which subscriptions were sold. In re Magazine Antitrust Litigation (US District Court, SDNY).

Commercial Litigation

  • Major multi-national pharmaceutical manufacturer in obtaining the reversal of a US$33 million jury verdict and judgment in a Medicaid fraud action brought by the State of Alabama against the client. In Novartis Pharmaceuticals Corporation v. State of Alabama (Supreme Court of Alabama), we led a team of national and Alabama counsel and the Alabama Supreme Court reversed, finding that the case should never have been put to the jury in light of the documentary record presented at trial, and ordered judgment entered on behalf of the defendant-appellant.
  • Pharmaceutical manufacturer in actions brought by or on behalf of state Medicaid agencies asserting that prescription drug manufacturers reported inaccurate pricing benchmarks, allegedly violating various of their individual state fraud, consumer protection and other laws. Cases include State of Alaska v. Alpharma, Inc., et al.; State of Idaho v. Aventis Pharmaceuticals Inc., et al.; State of Illinois v. Abbott Labs, Inc., et al.; Commonwealth of Kentucky v. Alpharma, Inc., et al.; State of Louisiana v. Abbott Labs, Inc., et al.; State of Mississippi v. Abbott Labs, Inc., et al.; State of Oklahoma v. Abbott Labs, Inc., et al.; and State of Wisconsin v. Amgen, Inc., et al.
  • Property and casualty insurer, which provided property insurance on the World Trade Center complex, in a summary judgment motion and interlocutory appeal to the Second Circuit by the lessees, lenders and owners seeking a ruling that, as a matter of law, the attack and destruction of the complex on September 11, 2001 constituted two occurrences for insurance coverage purposes in the case SR International Business Insurance Co. Ltd. v. World Trade Center Properties LLC, et al. (US Court of Appeals for the Second Circuit).

International Arbitration and ADR

  • Group of minority shareholders in a Danish telecommunications company in an international arbitration proceeding conducted in Brussels by the International Chamber of Commerce, International Court of Arbitration against a major European telecommunications and internet services provider and certain of its affiliates in connection with their breach of an agreement to buy certain of the minority’s interests. Obtained an award of approximately €60 million plus interest, attorneys’ fees and costs on behalf of the group of minority shareholders.
  • Danish Finance Ministry and a consortium of investors in a Danish telecommunications company to enforce certain minority rights pursuant to corporate governance and shareholder agreements under Danish law, in an international arbitration proceeding conducted by the International Chamber of Commerce, International Court of Arbitration. Obtained favorable resolution prior to hearing.
  • Irish software manufacturer in efforts to obtain injunctive relief in two courts and obtained a favorable resolution through international mediation of dispute regarding international licensing agreement in the case Mindscape, Ltd. v. Riverdeep Group, plc (International Centre for Dispute Resolution; US District Court, D. Mass.; N.Y. Supreme Court, N.Y. County).

Recognition

  • Chambers USA
    Antitrust (New York) (2012-2015)
  • LMG Life Sciences
    "Life Sciences Star" (2012-2016)
    Antitrust Litigator of the Year Award (2015)
  • U.S. News & World Report and Best Lawyers
  • PLC Which lawyer?
  • Competition and Antitrust Expert Guide (2014)
  • Global Competition Review
    Leading Antitrust Practitioner (2009, 2012-2013)
  • Best Lawyers
    Antitrust Law (2005-2016)
  • Who's Who Legal: Competition (2015)

Professional and Community Activities

  • Section of Antitrust—Editorial Board, Antitrust Law Developments (2009—); Price Discrimination Committee, Vice Chair (2006–2009); Trade Associations Committee, Vice Chair (2002–2005), Section of Intellectual Property. Section of Litigation. American Bar Association
  • Antitrust Law Section (Chair, 2007; Executive Committee, 2001–present); Special Committee on Sarbanes-Oxley Issues (2005–2006), New York State Bar Association
  • Committee on Lawyers' Quality of Life, (1997–2000); Committee on Federal Legislation (1991–1993); Committee on Professional Responsibility (1988–1991), Association of the Bar of the City of New York
  • Public Service Committee (2002–2007), Federal Bar Council (Second Circuit)
  • The Trademark Reporter Editorial Board (1994–2000), Publications Committee (1992–1994), International Trademark Association
  • Board Member (Chairman 1998–2003), Martin Luther King, Jr. High School Community Advisory Board
  • Board Member (1999–2002), National Center on Addiction and Substance Abuse at Columbia University Institutional Review Board

Areas of Focus

  • Antitrust/Competition
  • Antitrust Litigation
  • Commercial Litigation
  • Intellectual Property

Education

  • JD, Hofstra University School of Law, 1981, with distinction
  • BS, Boston University, 1974

Admissions

  • New York
  • Supreme Court of the United States
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Seventh Circuit
  • US District Courts for the Southern, Eastern, and Western Districts of New York
  • US District Court for the Northern District of New York
  • US District Court for the Southern District of California
  • US District Court for the Southern District of Illinois


Yvonne Quinn is a member of the Firm’s Litigation Group and one of two partners in charge of coordinating the Firm’s Antitrust Group. Her practice focuses on antitrust litigation, merger analysis and review, and counseling work.

Ms. Quinn’s clients include leading commercial banks, equity funds, investment banks, insurance companies, cable television operators, television programming suppliers, newspapers, publishers, sports franchise owners, advertising sales and healthcare companies, pharmaceutical and chemical companies, and many others.

Ms. Quinn has been a co-chair of the Practising Law Institute’s Annual Antitrust Law Institute in New York since 2001 and has taught the mergers and acquisitions portion of the Institute since 1995. She is a member of the Executive Committee of the Antitrust Section of the New York State Bar Association and a vice chair of the Financial Services Committee of the Antitrust Section of the American Bar Association. From 1989 to 1992, she was the chair of the Antitrust and Trade Regulation Committee of the Association of the Bar of the City of New York.

Ms. Quinn has been recognized as a leading antitrust practitioner in Euromoney’s Benchmark: America’s Leading Litigation Firms and Attorneys (2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016); Chambers USA (2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016); Chambers Global (2003, 2004, 2005, 2011, 2012, 2013, 2014, 2015);  The Legal 500 United States (2007, 2009, 2011, 2012, 2013, 2014, 2015); Law Business Research’s The International Who’s Who of Competition Lawyers (2004, 2005, 2006, 2007, 2009) and The International Who’s Who of Business Lawyers (2005, 2006, 2007, 2009); Euromoney’s Guide to the World’s Leading Competition and Antitrust Lawyers (2002, 2006, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016); The Best Lawyers in America (2007, 2008, 2009, 2010, 2011,2012, 2013, 2014, 2015, 2016, 2017); and Lawdragon 500: Leading Lawyers in America (finalist), among other guides to the legal profession.

Education

1977, University of Michigan, M.A.

1976, University of Michigan Law School, J.D.

1973, University of Illinois, B.A.


Mr. Taylor is the founder and owner of RPT Legal Strategies PC in San Francisco and Silicon Valley, providing business and legal advice to businesses and investors with respect to litigation, antitrust, intellectual property and related fields of law.  For more than 40 years, he served as lead counsel in numerous antitrust and/or patent cases involving a wide range of technologies and industries.  He also has represented companies and their investors with respect transactions involving these areas of practice.  He has written and lectured extensively on both antitrust and intellectual property issues.

Mr. Taylor is a fellow of the American College of Trial Lawyers.  He is a former chair of the Antitrust Section of the American Bar Association (1991-92).  He was a member of the Advisory Commission on Patent Law Reform whose report was presented to the US Secretary of Commerce in 1992 proposing certain changes in U.S. patent laws.  He is a Lifetime Member of the American Law Institute.  For a number of years, he served as co-chair of the Antitrust Committee of Intellectual Property Owners Association and as a member of their Amicus Committee.

Mr. Taylor holds a Bachelor of Science degree in Electrical Engineering from the University of Arizona, where he was elected to Tau Beta Pi.  He holds a Juris Doctor degree from Georgetown University, where was an editor of the Georgetown Law Journal.


Sonia K. Pfaffenroth is the Deputy Assistant Attorney General for Civil Enforcement for the Antitrust Division of the Department of Justice. Prior to joining the Division in July 2013, Sonia was a Partner in the Antitrust Practice Group at Arnold & Porter LLP, where she handled both criminal and civil antitrust investigations by the Department of Justice and the Federal Trade Commission and defended clients in private civil antitrust litigation.  Sonia clerked for Judge Paul L. Friedman on the United States District Court for the District of Columbia.  Sonia received her J.D. from Stanford Law School in 2002 and her B.A. in chemistry from Carleton College in 1997.


William H. Efron is the Director of the Federal Trade Commission's Northeast Regional Office. He previously served as Acting Regional Director from March 2012 to June 2012. Prior to joining the FTC in 2009, Mr. Efron was an associate at Simpson Thacher & Bartlett LLP.  He received his J.D. from the University of Virginia School of Law and his B.A. from the University of Pennsylvania.